Comparative commercial contracts : law, culture and economic development / by Boris Kozolchyk, Evo DeConcini, Professor of Law, James E. Rogers College of Law, University of Arizona.
2014
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Author
Title
Comparative commercial contracts : law, culture and economic development / by Boris Kozolchyk, Evo DeConcini, Professor of Law, James E. Rogers College of Law, University of Arizona.
Imprint
St. Paul, MN : West Academic Publishing, [2014]
Description
1 online resource (lii, 1307 pages).
Series
Hornbook series.
Formatted Contents Note
aPart I. Overview, methodology, formation and evolution of commercial promises
1. Guiding themes and content of this book
2. Methodology
3. The law of contracts in a pre-commercial or agricultural survival society
4. Roman law
Part II. Medieval law: guilds, agents and notaries
5. Medieval law
6. Guilds and the capitalist system and Marxist legal systems
7. The Latin notariat and contemporary contracts
Part III. European codification
8. The French 'code civil'; key politics and drafting method
9. The birth of a continental European commercial law; fair and commercial courts
10. The 'code de commerce' of 1808
11. Socio-economic context of Germany's civil and commercial codes
12. The codification of the German civil and commercial codes
13. Customs, usages and other sources of commercial contract law in German and other representative codes
Part IV. Familistic and socialist variants of the civil law
14. Latin American codification and its all-important colonial background
15. Soviet commercial contract law
16. The peculiar meaning of Soviet and post-Soviet commercial contracts: an invertebrate legal system
17. Chinese imperial, mostly living-law of contracts
18. Contracts and litigation in imperial and Mao's China
19. Contemporary land contracts, third parties and judicial law making
Part V. Anglo-American law
20. Socio-economic and legal contexts and English commercial contracts
21. The socio-economic and legal contexts of U.S. commercial contracts
Part VI. Formation, interpretation and adjudication of contractual and customary law disputes
22. Formation of contracts: ceremony or conduct?
23. Two guiding principles for the interpretation of commercial contracts: good faith and reasonableness
24. Drafting commercial practices and the growth of commercial contract law
25. Brief overview of commercial trial procedure
26. Pre-contractual liability: culpa in contrahendo
27. Excuses for non-performance of contracts
28. Extrajudicial remedies and the remedy of specific performance
29. Judicial and extrajudicial termination
30. Damages for breach of warranty in U.S. economic analysis influenced law.
1. Guiding themes and content of this book
2. Methodology
3. The law of contracts in a pre-commercial or agricultural survival society
4. Roman law
Part II. Medieval law: guilds, agents and notaries
5. Medieval law
6. Guilds and the capitalist system and Marxist legal systems
7. The Latin notariat and contemporary contracts
Part III. European codification
8. The French 'code civil'; key politics and drafting method
9. The birth of a continental European commercial law; fair and commercial courts
10. The 'code de commerce' of 1808
11. Socio-economic context of Germany's civil and commercial codes
12. The codification of the German civil and commercial codes
13. Customs, usages and other sources of commercial contract law in German and other representative codes
Part IV. Familistic and socialist variants of the civil law
14. Latin American codification and its all-important colonial background
15. Soviet commercial contract law
16. The peculiar meaning of Soviet and post-Soviet commercial contracts: an invertebrate legal system
17. Chinese imperial, mostly living-law of contracts
18. Contracts and litigation in imperial and Mao's China
19. Contemporary land contracts, third parties and judicial law making
Part V. Anglo-American law
20. Socio-economic and legal contexts and English commercial contracts
21. The socio-economic and legal contexts of U.S. commercial contracts
Part VI. Formation, interpretation and adjudication of contractual and customary law disputes
22. Formation of contracts: ceremony or conduct?
23. Two guiding principles for the interpretation of commercial contracts: good faith and reasonableness
24. Drafting commercial practices and the growth of commercial contract law
25. Brief overview of commercial trial procedure
26. Pre-contractual liability: culpa in contrahendo
27. Excuses for non-performance of contracts
28. Extrajudicial remedies and the remedy of specific performance
29. Judicial and extrajudicial termination
30. Damages for breach of warranty in U.S. economic analysis influenced law.
Summary
This work offers a contextual comparative analysis of commercial contracts from their origin until the present time. It studies their positive and living law in countries and regions representative of major legal systems and business cultures: Classical Rome, Medieval Europe and Middle East, Codification Europe (especially France and Germany), Post-Colonial Latin America, the Soviet Union, the Peoples' Republic of China, England, eighteenth and nineteenth centuries, and Post-Colonial United States. It identifies the concepts, principles, rules, doctrines, methods of reasoning and commercial practices that have contributed most to mankind's economic development.
Bibliography, etc. Note
Includes bibliographical references and index.
Source of Description
Print version record.
Location
www
Available in Other Form
Print version: Kozolchyk, Boris. Comparative commercial contracts. St. Paul, MN : West Academic Publishing, [2014]
Linked Resources
Alternate Title
West Academic study aids.
Language
English
ISBN
9780314289681 (electronic book)
0314289682 (electronic book)
0314289682
9781634591065
1634591062
0314289682 (electronic book)
0314289682
9781634591065
1634591062
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